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Hunt died in an apparent accidental shooting Tuesday night at their home.

A court spokesman said Benjamin is due in court within the next two weeks.

Expert weighs in

Criminal Defense Attorney Brad Sylvester said the criminal in possession of a weapon charge is likely the only one Benjamin will face. Sylvester isn't directly involved with the case, but gave his legal knowledge on the possibilities for Benjamin.

Sylvester said it is not likely Benjamin will face any murder charges because of where the gun was placed.

"If it's illegal to possess a firearm, that's not an inherently dangerous felony in and of itself. That does not trigger felony murder," Sylvester said. "If you were to lay loaded firearms around your house for children to play with, that could be endangering a child's safety."

Investigators said the child climbed onto a chair and found the gun in a cabinet above the refrigerator. Sylvester said that placement sounds like Benjamin attempted to keep the gun out of the child's reach.

"Simply possessing a firearm when you're not supposed to and securing it in a cabinet, that is taking necessary steps," Sylvester said.

Sylvester added Benjamin's previous conviction of aggravated assault should not affect any other charges if they were to arise in this case aside from the criminal in possession of a weapon, which is a felony.

Possible charges in 3-year-old shooting

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A vigil was held to remember the young boy who accidentally shot himself at his Wichita home on Tuesday.

"He was just a fun kid," mother Henrietta Hunt said. "He loved to play, to talk, liked to pick on everybody. He's just a good boy."

Jahmez Hunt died when he found a loaded gun in a cabinet above the refrigerator. His mom said she never allowed weapons in her home and had no idea the gun was there. Police said it was her boyfriend's gun.

"It was just an accident," she said. "He went in the kitchen, found the gun up high and he reached for it and the firearm went off."

A neighbor said she was getting her kids ready for church when she heard a mom screaming "My baby, my baby!"

"I see the boyfriend coming out of the house holding the little boy in his arms and I went in and asked him what's wrong," Jasmin Retana said. "I thought the baby had passed out. I didn't ever imagine he would say that he had been shot."

Retana said she stayed with him, praying the entire time.

"I have a three-year-old and the entire time I was with him all I could see was my daughter and it just broke my heart," she said. "I think you automatically think 'that would never happen to me. It can't happen to me.' Then you are put in that situation and you just don't know what to do. And that's what happened to me. I didn't know what to do."

She's a mother of four and said she knows how curious kids can be.

"In the matter of five seconds that you leave them alone they can get into anything," she said.

Jahmez's mom said now she has a message to others in hopes that no parent will go through a death of a child.

"I just want everybody to know, guns are not anything to play with, at all," said Hunt. "If there's a gun in the house that you know about, lock it up, keep it away from your kids. Don't put any bullets in the gun. Just keep your kids safe, just keep them safe."

Family said the funeral for Jahmez will be held on Monday at 11 a.m. at Hillside Funeral Home. The family is accepting donations to help pay for the funeral. If you'd like to donate, you can do so at the funeral home.

Photos: Candle light vigil for accidental shooting death victim

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